South Fork Burnt River Range Planning on the Unity Ranger District, Wallowa-Whitman National Forest, Baker County, Oregon

Federal RegisterFeb 18, 1999

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DEPARTMENT OF AGRICULTURE

Forest Service

South Fork Burnt River Range Planning on the Unity Ranger

District, Wallowa-Whitman National Forest, Baker County, Oregon

AGENCY: Forest Service, USDA.

ACTION: Notice of intent to prepare an environmental impact statement.

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SUMMARY: The USDA, Forest Service, will prepare an environmental impact

statement (EIS) to update range management planning on five (5)

livestock grazing allotments which will result in the development of

new Allotment Management Plans (AMPs). The allotments are West Burnt

River, North Fork Burnt River, Powell Gulch, South Burnt River and

Bullrun. The allotments are located approximately 50 miles, by road,

southwest of Baker City, Oregon. The allotments, combined, are called

the South Fork Burnt River Range Planning Area. National Forest System

lands within the Wallowa-Whitman National Forest will be considered in

the proposal. Management actions are planned to be implemented

beginning in the year 2000. The agency gives notice of the full

environmental analysis and decision-making process that will occur on

the proposal so that interested and affected people may become aware of

how they may participate in the process and contribute to the final

decision.

DATES: Comments concerning the scope of the analysis should be received

in writing by March 26, 1999.

ADDRESSES: Send written comments and suggestions concerning this

proposal to Deborah G. Schmidt, District Ranger, Unity Ranger District,

Wallowa-Whitman National Forest, P.O. Box 38, Unity, Oregon 97884.

FOR FURTHER INFORMATION CONTACT: Direct questions about the proposed

action and EIS to Paul Bridges, Interdisciplinary Team Leader, Wallowa-

Whitman National Forest, Baker Ranger District, 3165 10th Street, Baker

City, Oregon 97814, phone (541) 523-1950.

SUPPLEMENTARY INFORMATION: The proposed action is to continue to permit

livestock grazing on National Forest System lands. The proposed action

is designed to continue the improving trends in vegetation, watershed

conditions, and in ecological sustainability relative to livestock

grazing within the five allotments of the South Fork Burnt River

Watershed. The action is needed to develop new AMPs which incorporate

results of recent scientific research, analysis and documentation at

the sub-basin level.

The Wallowa-Whitman Forest Plan as amended, recognized the

continuing need for forage production from the Forest and recognized

the five allotments of the South Fork Burnt River watershed as

containing lands which are capable and suitable for grazing by domestic

livestock. This action is needed to continue this historic use.

The allotments are located within the Bullrun Creek, Job Creek,

East Camp Creek, Lower West Camp Creek, Upper West Camp Creek, Middle

Fork Burnt River, Pole-Sheep Creeks, South Fork Burnt River, Elk Creek,

North Fork Burnt River, and the West Fork Burnt River subwatersheds on

the Unity Ranger District. These subwatersheds are contained within the

South Fork Burnt River, North Fork Burnt River and Camp Creek

Watersheds.

The Forest planning process allocated specific management direction

across the Wallowa-Whitman National Forest. Within the area encompassed

by the five allotments, management areas (MA) include MA1 (timber

production), MA3 (wildlife/timber), MA4 (wilderness), and MA6

(backcountry).

The five allotments encompass approximately 77,000 acres of

National Forest System Lands, with Bureau of Land Management (BLM) and

private land making up an additional 8,100 acres within the Powell

Gulch, North Fork Burnt River, and South Burnt River allotments.

Important riparian areas occur in three of the allotments: Bullrun,

South Burnt River and West Burnt River. Other points of interest in the

allotments are as follows: in the Bullrun allotment, a portion of the

Monument Rock Wilderness occurs; in the South Burnt River allotment, a

multi-campground fenced exclosure occurs along the river which provides

a livestock free recreation area and helps to improve riparian

conditions on that portion of river; within the West Burnt River

allotment, there is a Bald Eagle Management Area and many fenced

exclosures exist which contribute to improving trends for many portions

of the river.

The South Fork Burnt River Range Planning Area provides habitat for

many wildlife species including management indicator species (MIS) and

their

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habitats. These MIS species include California wolverine, North

American lynx, Rocky Mountain elk, marten, pileated woodpecker,

goshawk, bald eagle and American peregrine falcon. Fish species within

the planning area include native populations of inland redband/rainbow

trout, brook trout; and other non-game species such as dace, redside

shiner, and sucker.

Preliminary issues include: (1) The effects of livestock grazing on

riparian conditions (including water quality, water temperature and

stream bank stability; (2) the ability to maintain ecological

sustainability and continue watershed restoration with continued

livestock grazing; (3) the effects of no grazing or reduced grazing on

the local economy; (4) the reduction in soil productivity and in

amounts of native bunchgrass forage due to the encroachment of juniper

trees onto rangelands; and (5) the effects of livestock grazing on TES

species.

A detailed public involvement plan has been developed, and an

interdisciplinary team has been selected to do the environmental

analysis, prepare and accomplish scoping and public involvement

activities.

The proposed action is intended to provide the analysis needed to

prepare new AMPs that meet all the Forest Plan amended requirements of

Inland Native Strategies for Managing Fish-producing Watersheds in

Eastern Oregon and Washington, Idaho, Western Montana and Portions of

Nevada (INFISH) and are consistent with the scientific findings of the

Interior Columbia Basin Ecosystem Management Program (ICBEMP).

Consultation with the U.S. Fish and Wildlife Service, as required by

the Endangered Species Act (ESA), will be completed on all proposed

activities.

Public involvement will be especially important at several points

during the analysis, beginning with the scoping process. The Forest

Service will be consulting with Indian Tribes and seeking information,

comments, and assistance from Federal, State, local agencies, tribes,

and other individuals or organizations who may be interested in or

affected by the proposals. The scoping process includes:

1. Identifying and clarifying issues.

2. Identifying key issues to be analyzed in depth.

3. Exploring alternatives based on themes which will be derived

from issues recognized during scoping activities.

4. Identifying potential environmental effects of the proposals and

alternatives (i.e., direct, indirect, and cumulative effects and

connected actions).

5. Determining potential cooperating agencies and task assignments.

6. Developing a list of interested people to keep apprised of

opportunities to participate through meetings, personal contacts, or

written comments.

7. Developing a means of informing the public through the media

and/or written material (e.g., newsletters, correspondence, etc.).

Public comments are appreciated throughout the analysis process.

The draft EIS is expected to be filed with the Environmental Protection

Agency (EPA) and be available for public review by September 1999. The

comment period on the draft EIS will be 45 days from the date the EPA

publishes the notice of availability in the Federal Register. The final

EIS is scheduled to be available March 2000.

The Forest Service believes it is important to give reviewers

notice of this early stage of public participation and of several court

rulings related to public participation the environmental review

process. First, reviewers of a draft EIS must structure their

participation in the environmental review of the proposal so that it is

meaningful and alerts an agency to the reviewer's position and

contentions. Vermont Yankee Nuclear Power Corp. v. NRDC, 435 U.S. 519,

553 (1978). Also, environmental objections that could have been raised

at the draft stage may be waived or dismissed by the court if not

raised until after completion of the final EIS. City of Angoon v.

Hodel, 803 f.2d 1016, 1022 (9th Cir. 1986) and Wisconsin Heritages,

Inc. v. Harris, 490 F. Supp. 1334, 1338 (E.D. Wis. 1980). Because of

these court rulings, it is very important that those interested in this

proposed action participate by the close of the 45-day comment period

so substantive comments and objections are made available to the Forest

Service at a time when it can meaningfully consider and respond to them

in the final EIS.

To assist the Forest Service in identifying and considering issues

and concerns on the proposed action, comments on the draft EIS should

be as specific as possible. It is also helpful if comments refer to

specific pages or chapters of the draft statement. Comments may also

address the adequacy of the draft EIS or the merits of the alternatives

formulated and discussed in the statement. (Reviewers may wish to refer

to the Council on Environmental Quality Regulations for implementing

the procedural provisions of the National Environmental Policy Act at

40 CFR 1503.3 in addressing these points.)

In the final EIS, the Forest Service is required to respond to

substantive comments and responses received during the comment period

that pertain to the environmental consequences discussed in the draft

EIS and applicable laws, regulations, and policies considered in making

a decision regarding the proposal. The Responsible Official is Karyn L.

Wood, Forest Supervisor for the Wallowa-Whitman National Forest. The

Responsible Official will document the decision and rationale for the

decision in the Record of Decision. That decision will be subject to

appeal under 36 CFR Part 215.

Dated: February 9, 1999.

William R. Gast,

Deputy Forest Supervisor.

[FR Doc. 99-3936 Filed 2-17-99; 8:45 am]

BILLING CODE 3410-11-M

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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